Latin American Environmental Regulatory Tracker - May 2018

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This month’s tracker reflects key initiatives from March 16 – April 15, 2018.

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¡Gracias!

 Maddie Kadas, Latin American Environmental Practice Leader

ARGENTINA

AGRICULTURE

CLIMATE CHANGE

  • Senate Bill No. 410/18, Promoting measures against the greenhouse gas effect and the implementation of the carbon footprint.

ENERGY

  • Bill No. 1025/18, Requiring 100% use of renewable energies in Argentina by 2050.

HEALTH & SAFETY

  • Resolution No. 169/2018, Establishing requirements for electrical equipment sold in Argentina to ensure the protection of national health and safety.

PACKAGING & LABELING

WASTE

WATER

  • Senate Bill No. 1083/18, Reproduction of a previous proposal (No. 759/15) recognizing the right to potable water and sanitation as essential human rights.
  • Senate Bill No. 1026/18, Guaranteeing access to water as a human right.
  • Senate Bill No. 1005/18, Modifying the National Civil and Commercial Code to recognize the fundamental right of access to potable water.
  • Senate Bill No. 403/18, Creating the National Program for the Implementation of the Water Footprint.

BRAZIL

AGRICULTURE

  • São Paulo Bill No. 147/2018, Regulating the registration of agrochemical companies and products, as well as the use, consumption, sale, storage, transport, and provision of services used in the application and destination of agrochemicals and related products.

BIODIVERSITY

  • São Paulo Secretariat of Environment (SMA) Resolution No. 35/2018, Establishing the Ninhos Program for the protection and management of wildlife, and amending SMA Resolution No. 51/2016, which governs the procedure for converting simple administrative fines into environmental services.
  • Joint Committee in the Chamber of Deputies approves a Provisional Measure (No. 809/17) that would authorize the Chico Mendes Institute for Biodiversity Conservation (ICMBio) to a select a public bank to create and manage a fund consisting of environmental compensation contributions made by entities responsible for projects of significant environmental impact.

LAND USE

  • Senate Bill No. 168/2018, Creating the General Environmental Licensing Law and establishing the Strategic Environmental Assessment (AAE).

PACKAGING & LABELING

RESTRICTED SUBSTANCES

  • Decree No. 9.315/2018, Regulating Law No. 11.762/2008, which sets the maximum limit of lead allowed in the manufacture of house paints, varnishes, coatings for children’s products and school supplies, and other similar materials.

WASTE

  • São Paulo Secretariat of Environment (SMA) Resolution No. 41/2018, Establishing guidelines for the implementation of the Recycling Module of the Online State System for the Management of Solid Wastes (SIGOR).
  • São Paulo's environmental agency (CETESB) Directorate Decision No. 076/2018/C, Establishing the Procedure for the Incorporation of Reverse Logistics into the Scope of Environmental Licensing.

WATER

  • Senate Bill No. 159/2018, Prohibiting the registration, manufacture, import, distribution, dissemination, and sale of sanitizing and cosmetic products that have plastic microparticles in their composition.
  • Senate Bill No. 161/2018, Amending national laws establishing guidelines for basic sanitation to authorize the granting of rebate bonuses to users that reduce their water consumption.

CHILE

CHEMICALS

  • Decree No.  260/2017, Promulgating the Agreement with the United Nations Development Program on the project: “Management Plan for the Elimination of Hydrochlorofluorocarbons (HCFCs) in Chile - Phase II.”

ENERGY

HEALTH & SAFETY

  • Resolution No. 740/2018, Approving the technical guide for the auditory evaluation involved in monitoring the health of workers occupationally exposed to noise.
  • Decree No. 31/2018, Approving the National Program for Safety and Health in the Workplace.

LAND USE

  • Bill No. 11689-12, Modifying the General Bases of the Environment Law (No. 19.300) to incorporate the factors of climate change and citizen participation in the environmental impact procedure.

PACKAGING & LABELING

  • Bill No. 11651-12, Prohibiting the use of non-degradable plastic food containers in commercial establishments.

WATER

  • Chamber of Deputies approves a bill (No. 9779-33) that would modify the General Law of Sanitary Services to permit the use of treated wastewater in agricultural and mining activities.

COLOMBIA

CLIMATE CHANGE

  • Ministry of Environment and Sustainable Development Draft Resolution regulating the National Registry for the Reduction of Greenhouse Gas Emissions.
  • Bill No. 73/2017S (published for its first debate in the Senate), Establishing guidelines for the management of climate change.

GREEN GROWTH

PACKAGING & LABELING

WASTE

  • Bill No. 170/2017S (published for its first debate in the Senate), Regulating the generation, handling, collection, storage, transport, treatment, and disposal of used vegetable frying oils.

WATER

COSTA RICA

BIODIVERSITY

  • Draft Decree modifying Decree No. 31514-MINAE/2003 (General Standards for Accessing Genetic  and Biochemical Elements and Resources of Biodiversity) and Decree No. 33697-MINAE/2007 (Requirements and procedures for obtaining permits, concessions, and agreements for accessing genetic  and biochemical elements and resources of biodiversity).

WASTE

  • Draft Decree No. DAJ-FG-398-2018, Regulating the digital processing of registrations and authorizations of the Ministry of Health in Integrated Waste Management in the National Information System for the Integrated Management of Wastes (SINIGIR) platform.

MEXICO

ENERGY

  • Notice announcing the requirements for the acquisition of Clean Energy Certificates in 2021 established by the Secretariat of Energy.

FORESTRY

  • Chamber of Deputies bill that would modify the General Forestry Law to empower the Secretariat of Environment and Natural Resources (SEMARNAT) to verify the legal origin of imports of primary forest materials and wood products.

LAND USE

  • Chamber of Deputies bill that would modify the General Law for Ecological Equilibrium and Environmental Protection, in terms of environmental impact assessments.

OIL & GAS

  • Procedure outlining requirements and technical administrative considerations that must be fulfilled by holders of permits for the transport of petroleum, liquefied petroleum gas, and national gas, excluding transport through liquefied petroleum gas pipelines, and distribution and sale of petroleum, liquefied petroleum gas, and national gas to the public.
  • Guidelines that establish parameters to determine the compensation for the commercial extraction of hydrocarbons that the assignee or contractor will deliver to the owner when the project reaches the commercial extraction phase.

WASTE

WATER

  • Chamber of Deputies bill that would establish the Law for Remediation and Environmental Restoration of Heavily Polluted Watersheds in Mexico.

PERU

CLIMATE CHANGE

ENERGY

MINING

OIL & GAS

PACKAGING & LABELING

  • Bill No. 02696/2017-CR, Incentivizing the use of reusable bags and containers made out of biodegradable materials.

WATER

  • Bill No. 02609/2017-CR, Modifying the Water Resources Law (No. 29338) to require the need for a technical and an environmental impact study before authorizing the transfer of water from one basin to another.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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